Section 87 — Property (Relationships) Act 1976: Surviving spouse or partner may challenge agreement

87 Surviving spouse or partner may challenge agreement (1) This section applies if— (a) the spouses or partners make an agreement under section 21 defining the share of the relationship property or any part of it that each is entitled to on the death of 1 of them; and (b) 1 of them dies. (2) If this section applies,— (a) the surviving spouse or partner may apply to the Court— (i) to have the agreement declared void for non-compliance with a requirement of section 21F : (ii) to have the agreement set aside under section 21J ; and (b) the surviving spouse or partner may make the application either before or after exercising the option in section 61 . (3) In deciding, under section 21J , whether giving effect to an agreement to which this section applies would cause serious injustice, the Court must have regard, in addition to all other relevant circumstances, to whether the estate of the deceased spouse or partner has been wholly or partly distributed. (4) This section is subject to section 47 . Sections 55 to 57 were repealed, and new Part 8 (comprising sections 55 to 95) and Part 9 (comprising sections 96 to 99) were inserted, as from 1 February 2002, by section 61 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. The heading to section 87 was amended, as from 26 April 2005, by section 3(2) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partner ” for the words “ de facto partner ” . Subsection (1)(a) was amended, as from 26 April 2005, by section 3(1) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partners ” for the words “ de facto partners ” . Subsections (2) and (3) were amended, as from 26 April 2005, by section 3(2) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partner ” for the words “ de facto partner ” wherever they appear.